Medical Malpractice – How to Collect Medical Records Related to a Loancare Lawsuit
Loancare Lawsuiteker, a leading personal injury litigation support service, is excited to announce the conclusion of its nearly nine-year journey as the plaintiff’s advocate in the case of Plaintiffs’ v. Scott-Hopper. Plaintiffs’ attorney Frank Loancare was one of the original members of the Association of Personal Injury Lawyers (AIPL), which has been instrumental in assisting countless individuals harmed by defective products win significant monetary awards. Due to the significant risk of litigating a product liability case, AIPL has developed an extremely effective litigation process designed to give attorneys the confidence they need to bring these cases to court and receive the substantial compensation that they deserve.
As part of their preparation, lawyers at AIPL thoroughly reviewed the medical records of each injured party, as well as all related documents, before deciding on the course of action. Once the lawsuit is brought, AIPL will conduct an initial meeting with the defendant’s legal team, in an effort to determine if the case will proceed forward. From this point, the corporation will file a motion to dismiss the complaint, seeking summary judgment, a temporary restraining order, or both. If the plaintiff’s attorney is unable to agree on an agreement with the defendant, then the case will move to trial. After the resolution of all issues, the lawsuit will be re-filed by the plaintiff.
At every step along the way, from discovery through deposition to trial, medical records must be compiled and retained. These records will play a vital role in determining the outcome of this case and ensuring that the plaintiff receives the damages they are entitled to. At all times during this litigation process, the records of medical treatment must be confidential and exempt from release to third parties. In addition, if a settlement is reached, it must be disclosed at the time of settlement.
Medical records are typically attached to a patient report, which provides the history of treatment, the doctor who provided treatment, a description of the injury and its progress throughout the months and years since the injury occurred. In many instances, these reports are signed under the patient’s own name; however, they may also be prepared under the name of the patient’s personal health care surrogate. Regardless of whether the medical records are attached to the lawsuit or not, plaintiffs are required to obtain the records if the lawsuit goes forward.
Once the lawsuit is filed, both the plaintiff and defendant must obtain discovery from the opposing party. Discovery is required of both sides and can be used to learn more about the medical treatments the plaintiff received as well as any medications he or she may have been prescribed. During this discovery process, both parties are expected to produce records that demonstrate that the injury arose from the negligence of the other party. Discovery is crucial for a case such as Loancare Lawsuit, as if the records reveal that the plaintiff was not injured due to the defendant’s negligence, the plaintiff has a strong case for monetary compensation. If discovery reveals that the defendant’s medical treatment resulted in an injury, the plaintiff may have additional issues with the amount of compensation to be paid.
Once medical records are obtained and reviewed by the attorneys handling the lawsuit, they will be able to determine whether or not the plaintiff is eligible for compensation under Florida law. Although the state of Florida requires doctors to provide a list of all treatments the doctor administered to patients, it is up to the courts to determine whether or not the doctors’ conduct falls within the statutes defined by the state. It is also important to note that in the event of a dismissal of the case, the plaintiff is not required to repay the medical bill of the opposing party. For many plaintiffs who cannot afford to fight a long lawsuit, this is often enough to ease their worries about financial ruin.